A recent Second Circuit opinion sets a bright-line rule: if the Debtor is named as a defendant in a pre-bankruptcy lawsuit, the automatic stay applies to halt further proceedings. Bayview
Continue Reading Creditor Pays for Violating Stay in Mastic BayU.S. Supreme Court Confirms That Stay Relief Orders Must Be Appealed Right Away
Earlier this week, the United States Supreme Court issued an opinion regarding appeals of orders denying relief from the automatic stay. Generally, the automatic stay (section 362 of the Bankruptcy
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Imerys Talc Filed Adversary Claiming Ownership Over Millions of Dollars of Insurance Policies
As a follow-up to our recent post about the Imerys Talc bankruptcy proceedings (the chapter 11 cases filed by a supplier of talc to cosmetic and other companies, like Johnson
Continue Reading Imerys Talc Filed Adversary Claiming Ownership Over Millions of Dollars of Insurance Policies
When Bankruptcy Is Used to Halt State Court Litigation
This week, a electricity supplier, Starion Energy, filed for chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware and the case is pending before the Honorable
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Northern District of Texas Holds EEOC Title VII Enforcement Action Falls Within Exception to the Automatic Stay
In a recent opinion, the U.S. District Court for the Northern District of Texas held that an Equal Employment Opportunity Commission (“EEOC”) action brought against an employer for alleged
Continue Reading Northern District of Texas Holds EEOC Title VII Enforcement Action Falls Within Exception to the Automatic Stay
“Law of the Case” Doctrine Does Not Bind Bankruptcy Court When Considering Subsequent Dispositive Motions
In a recent opinion, the Bankruptcy Court for the Eastern District of New York concluded that the “law of the case” doctrine did not bind the court to its prior
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Money Center of America – Motion to Intervene Granted
In a 16 page opinion released January 28, 2016 in the Casino Caribbean, et al. v. Money Centers of America adversary proceeding (Bank. D. Del. Adv. No. 14-50437), Judge Christopher
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Seeking Relief from the Automatic Stay – Personal Injury Claimants
Very often in the course of a bankruptcy proceeding, a creditor with a pending lawsuit against the debtor will need to obtain relief from the automatic stay in order to
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Trump Entertainment – Automatic Stay v. Norris-LaGuardia Act
In a 23 page opinion released July 21, 2015 in the Trump Entertainment Resorts case (Bank. D. Del. 14-12103), Judge Kevin Gross of the Delaware Bankruptcy Court opined upon the
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Opinion Rules that Shareholder Meetings Continue During Bankruptcy
In an 19 page opinion issued April 1, 2015 in the SS Body Armor I, Inc. Bankruptcy (10-11255), Judge Sontchi held that an action to compel a shareholder meeting is
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